NEW INDIA ASSURANCE COMPANY Vs. JAMNA DEVI

JUDGEMENT

(1.) IN this appeal, the judgment and award passed by the learned Commissioner, Workmen's Compensation Act, Sundernagar dated 29th June, 2006 has been assailed on two grounds; firstly that the deceased was not an employee of respondent No. 3 as on the date of accident and secondly that the appellant-insurer was not liable to pay the interest on the amount of compensation. On both the counts the appeal should fail and for the following reasons.

(2.) THE question whether the deceased was an employee of respondent No. 3 or not is based purely and conclusively on appreciation of evidence. The evidence was led before the Commissioner which clearly established that the deceased at the time of the accident was working as a Conductor in the vehicle in question, under the employment of respondent No. 3. Neither there is any warrant for me in this appeal to upset this finding of fact nor is this ground available to the appellant looking to the limited nature of grounds of appeal available under Section 30 of the Workmen's Compensation Act, 1923.

(3.) THE appeal has no merit and it is dismissed in limine. CMP No. 1052 of 2006. In view of the dismissal of the appeal, this application shall stand dismissed.